The need to collect funds can have various grounds, but the most common is the transfer of funds into debt under the obligation to return them in the same amount. By its legal nature, such a relationship is a loan agreement. Such an agreement can be concluded in writing and be notarized, but the Civil Code of Ukraine also provides that a receipt of the borrower can be presented to confirm the conclusion of the loan agreement and its conditions.
A receipt as a document confirming a promissory note must contain the conditions for borrowers to borrow money with an obligation to return them and the date of receipt.
The lender also has the right to receive from the borrower interest on the loan amount, the amount of which is established by the agreement or determined at the level of the discount rate of the National Bank of Ukraine in the event that the amount of interest is not established by the agreement.
Everywhere there is a situation when the debtor really has no money. The only effective method of resolving such a situation is to go to court, since in this case the debtor is also liable with all his property. In court, not only the amount of the loan and interest on it, but also the inflation index for the entire period of delay, as well as three percent per annum of the amount overdue, are collected.
Further, the case is transferred to the executive service, which seizes property and accounts belonging to the debtor. Recovery is applied primarily to the debtor’s funds in national and foreign currencies, other values, including funds on the debtor’s accounts in banks and other financial institutions.
If the debtor does not have sufficient funds or movable property, collection is applied to immovable property and their compulsory sale is carried out through electronic trading or at a fixed price.
Method
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Your appeal
At the first contact, with the help of the communication means indicated on the website, the lawyer clarifies the essence of the legal issue, and also determines the amount of documents required for submission by the client.
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Consultation
Legal advice is carried out at a personal meeting, at which the lawyer explains the issues of interest to the client, suggests possible ways to solve them and accepts the relevant documents for more detailed acquaintance.
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Study of documents
The legal assessment of the documents provided by the client is carried out in order to finally determine the legal position on the case, inform the client about it, as well as agree on the scope of services provided.
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Conclusion of the contract
Advocacy is carried out on the basis of an agreement on the provision of legal assistance, which is concluded in writing and regulates the conditions and procedure for the provision of advocate services.
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Preparation of procedural documents
In order to protect and exercise the rights of the client, the lawyer draws up statements of claim, appeals and cassation complaints, petitions, inquiries, claims, as well as other procedural documents.
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Representation of your interests
When carrying out advocacy, an advocate has the right to perform any actions that are not prohibited by law, the rules of advocate ethics and an agreement on the provision of legal assistance necessary for the proper execution of an agreement on the provision of legal assistance.